Caselaw

High Court of Justice 63904-03-26 The Association of Journalists in Israel (NPO) v. Government of Israel - part 17

September 8, 2026
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Accordingly, Rehabilitation of My body The administration cannot be considered proper administrative policy, and all the more so it should not be considered a desirable policy.  The administrative authorities are intended to exercise the powers entrusted to them in order to fulfill their duties and provide service to the public Overall; Where the authority ceases to function, or leads to the paralysis of the bodies operating within its framework, the first and main victim is the public - for which it was intended The Authority Take action in the first place.

  1. In view of the result that I have reached, it is not necessary to conclude that extraneous considerations were involved in the moves described above, based on the desire of the executive branch to thwart the transaction of the acquisition of the chain (Channel 13). In this context, as stated, it is argued that it is difficult to ignore the proximity of the time between the publications and announcements regarding the transaction of the acquisition of the chain andthe vote on the composition of the "incoming" council.  Nor am I addressed the question of the composition of the "incoming" council in terms of proper representation.  In this regard, the Appointments Examination Committee is presumed to be required to address this issue when it comes to examining all the candidates that will be brought before it.

Conclusion

  1. On the basis of the totality of the reasons detailed, we find that in the decisions that are the subject of the petitions, both at the level of the committee and at the level of the government, there were a series of fundamental flaws that go down to the root of the administrative proceeding, both in relation to the factual basis that stood before the decision makers and in relation to the defect of the conflict of interest that existed. To all of this is added the provision of the Second Authority Law, which requires that all the candidates be examined as a whole.  Added to this are the determinations of the committee to examine appointments on the subject, as well as the significant developments that occurred during the conduct of the litigation before us, which have a direct impact on the composition of the Council as a whole.
  2. Therefore, I would suggest to my colleagues that we make the order nisi absolute, in the sense that it orders the nullity of the government's decisions, as well as the return of the matter of the members of the "incoming" council to the examination of the committee for the examination of appointments - to the extent that the Minister of Communications wishes to promote a new appointment decision in their matter and subject to any law. I will also suggest that the government bear the petitioners' expenses in the total sum of ILS 50,000, which will be divided equally among the five groups of petitioners.
     

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